Code of Alabama

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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have
the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal
offense and who is held for an initial appearance or other proceeding before trial. (2) APPELLATE
PROCEEDING. An oral argument held in open court before the Alabama Court of Criminal Appeals,
the Supreme Court of Alabama, a federal court of appeals, or the United States Supreme Court.
(3) ARREST. The actual custodial restraint of a person or his or her submission to custody.
(4) COMMUNITY STATUS. Extension of the limits of the places of confinement of a prisoner through
work release, supervised intensive restitution (SIR), and initial consideration of pre-discretionary
leave, passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME
VICTIM ADVOCATE. A person who is employed or authorized by a public entity or a private entity
that receives public funding primarily to provide...
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44-2-10
Section 44-2-10 Text of compact. The Interstate Compact for Juveniles is enacted into
law and entered into with all jurisdictions mutually adopting the compact in the form substantially
as follows: THE INTERSTATE COMPACT FOR JUVENILES Article I. Purpose. The compacting states
to this interstate compact recognize that each state is responsible for the proper supervision
or return of juveniles, delinquents and status offenders who are on probation or parole and
who have absconded, escaped or run away from supervision and control and in so doing have
endangered their own safety and the safety of others. The compacting states also recognize
that each state is responsible for the safe return of juveniles who have run away from home
and in doing so have left their state of residence. The compacting states also recognize that
Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized
and encouraged compacts for cooperative efforts and mutual assistance in the...
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12-15-117
Section 12-15-117 Retention and termination of jurisdiction generally. (a) Once a child
has been adjudicated dependent, delinquent, or in need of supervision, jurisdiction of the
juvenile court shall terminate when the child becomes 21 years of age unless, prior thereto,
the judge of the juvenile court terminates its jurisdiction by explicitly stating in a written
order that it is terminating jurisdiction over the case involving the child. Nothing in this
section is intended to affect the initial and continuing jurisdiction of juvenile courts
over cases other than delinquency, dependency, or in need of supervision cases as provided
in Sections 12-15-114, 12-15-115, 12-15-116, or any other statute by which jurisdiction was
initially lawfully invoked. (b) The jurisdiction of the juvenile court shall terminate when
the child is convicted or adjudicated a youthful offender as provided in Section 12-15-203(i)
and Section 12-15-204(b). If a person already under the jurisdiction of the...
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12-15-207
Section 12-15-207 Filing of petition and conduct of hearing as to necessity for continuation
of detention or shelter care of a child; violation of probation and aftercare. (a) When a
child is not released from detention or shelter care as provided in Section 12-15-127,
a petition shall be filed and a hearing held within 72 hours of placement in detention or
shelter care, Saturdays, Sundays, and holidays included, to determine probable cause and to
determine whether or not continued detention or shelter care is required. (b) Notice of the
detention or shelter care hearing, either verbal or written, stating the date, time, place,
and purpose of the hearing and the right to counsel shall be given by a juvenile probation
officer to the parent, legal guardian, or legal custodian if they can be found and to the
child if the child is over 12 years of age . (c) At the commencement of the detention or shelter
care hearing, the juvenile court shall advise the parent, legal guardian, legal...
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12-15-106
Section 12-15-106 Juvenile court referees' qualifications and appointment; conduct of
hearings of cases by juvenile court referees; transmission of findings and recommendations
for disposition of juvenile court referees to juvenile court judges; provision of notice and
written copies of findings and recommendations of juvenile court referees to parties; rehearing
of cases by juvenile court judges; when findings and recommendations of juvenile court referees
become decree of the juvenile court. (a) Appointment of Referees. The Administrative Director
of Courts may authorize one or more referee positions in any judicial circuit on either a
full-time or a part-time basis upon submission of a written request by the presiding juvenile
court judge and upon consideration of funding and the juvenile and child-support caseload
in the circuit. Once the Administrative Director of Courts approves the request, the presiding
judge of the juvenile court may appoint an attorney the judge believes to...
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12-15-116
Section 12-15-116 Original jurisdiction - Criminal. (a) A juvenile court shall have
exclusive original jurisdiction to try any individual committing any of the following offenses
while 18 years of age or older: (1) Contributing to the delinquency, in need of supervision,
or dependency of a child in violation of Section 12-15-111. (2) Opposing or interfering
with a juvenile probation officer or a representative of the Department of Human Resources
in violation of Section 12-15-112. (3) Violating any of the confidentiality provisions
of Sections 12-15-133, 12-15-134, 12-15-135, or 12-15-217. (4) Nonsupport in violation of
Section 13A-13-4. (5) Violating any of the juvenile sex offender provisions of Section
15-20A-27(b)(1). (6) Violating any of the provisions of the compulsory school attendance laws
in Section 16-28-12. (b) All criminal cases before the juvenile court shall be governed
by the laws relating thereto and shall be initiated by complaint made before a judge or magistrate...

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15-25-3
Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving
child under age 16 - Use of closed circuit equipment; competence of victim as witness. (a)
In those criminal prosecutions set out in Section 15-25-1, the court, on motion of
the state or the defendant prior to the trial of the case, may order that the testimony of
any alleged victim of the crime or witness thereto who is under the age of 16 at the time
of the order shall be viewed and heard at trial by the court and the finder of fact by closed
circuit equipment. In ruling on the motion the court shall take into consideration those matters
set out in Section 15-25-2. (b) If the court orders that the victim's or witness's
testimony in court shall be by closed circuit equipment, the testimony shall be taken outside
the courtroom in the judge's chambers or in another suitable location designated by the judge.
(c) Examination and cross-examination of the alleged child victim or witness shall proceed
as...
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12-17-226.2
Section 12-17-226.2 Applicants for admittance. (a) A person charged with a criminal
offense specified in subsection (b) whose jurisdiction is in the circuit court or district
court in a circuit in which a pretrial diversion program has been created pursuant to this
division may apply to the district attorney of the circuit for admittance to the program.
(b) A person charged with any of the following offenses may apply for the pretrial diversion
program: (1) A drug offense, excluding sale of a controlled substance as provided in Section
13A-12-211, trafficking in controlled substances or cannabis as provided in Section
13A-12-231, manufacturing controlled substances in the first degree as provided in Section
13A-12-218, or trafficking in an analog controlled substance. (2) A property offense. (3)
An offense that does not involve serious physical injury, death, a victim under the age of
14, or a sex offense involving forcible compulsion or incapacity of a victim. (4) A misdemeanor
or...
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45-23-82.02
Section 45-23-82.02 Applicants for admittance. (a) A person charged with a criminal
offense specified in this subsection whose jurisdiction is in the circuit or district court
of the Thirty-third Judicial Circuit may apply to the District Attorney of the Thirty-third
Judicial Circuit for admittance to the pretrial diversion program. (b) A person charged only
with any of the following offenses may apply for the program: (1) A traffic offense, other
than driving under the influence (DUI). (2) A property offense. (3) An offense wherein the
victim did not receive serious physical injury. (4) An offense in which the victim was not
a child under 14 years of age, a law enforcement officer, a school official, or a correctional
officer. (5) A misdemeanor other than one specifically excluded in this section. (c)
The following offenses are ineligible for consideration for the pretrial diversion program:
(1) Trafficking or distribution of drugs, or both. (2) Any offense involving the abuse of
a...
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12-15-204
Section 12-15-204 Acts for which person who has attained age 16 shall be charged, arrested,
and tried as adult; removal of person from jurisdiction of juvenile court. (a) Notwithstanding
any other provision of law, any person who has attained the age of 16 years at the time of
the conduct charged and who is charged with the commission of any act or conduct, which if
committed by an adult would constitute any of the following, shall not be subject to the jurisdiction
of juvenile court but shall be charged, arrested, and tried as an adult: (1) A capital offense.
(2) A Class A felony. (3) A felony which has as an element thereof the use of a deadly weapon.
(4) A felony which has as an element thereof the causing of death or serious physical injury.
(5) A felony which has as an element thereof the use of a dangerous instrument against any
person who is one of the following: a. A law enforcement officer or official. b. A correctional
officer or official. c. A parole or probation officer or...
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